Minnesota Mining & Manufacturing Company v Tyco Electronics Pty Limited [2001] FCA 1624

FEDERAL COURT OF AUSTRALIA

Minnesota Mining & Manufacturing Company v Tyco Electronics Pty Limited [2001] FCA 1624 MINNESOTA MINING & MANUFACTURING COMPANY v TYCO ELECTRONICS PTY LIMITED N 723 of 1999 SACKVILLE J SYDNEY 16 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 723 OF 1999

BETWEEN: MINNESOTA MINING & MANUFACTURING COMPANY

APPLICANT

AND: TYCO ELECTRONICS PTY LIMITED

BETWEEN: RESPONDENT

AND: TYCO ELECTRONICS PTY LIMITED

CROSS-CLAIMANT

MINNESOTA MINING & MANUFACTURING COMPANY

CROSS-RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 16 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Letters patent no. 624486 be revoked. 2. The application be dismissed. 3. If no appeal is lodged by the applicant/cross-respondent on or before the expiration of the appeal period, the Registrar must, after the expiration of the appeal period, notify the Commissioner of Patents of the making of order 1. 4. Subject to any costs orders already made in the proceedings, the applicant/cross-respondent pay the respondent/cross-claimant's costs of the application and cross-claim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 723 OF 1999

BETWEEN: MINNESOTA MINING & MANUFACTURING COMPANY

APPLICANT

AND: TYCO ELECTRONICS PTY LIMITED

BETWEEN: RESPONDENT

AND: TYCO ELECTRONICS PTY LIMITED

CROSS-CLAIMANT

MINNESOTA MINING & MANUFACTURING COMPANY

CROSS-RESPONDENT

JUDGE: SACKVILLE J

DATE: 16 NOVEMBER 2001

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 In the judgment delivered on 26 September 2001, I directed the respondent/cross-claimant ("Tyco") to bring in short minutes of order to give effect to my reasons for judgment. I also directed the parties to make written submissions as to costs. The parties duly filed written submissions.